Archive for September, 2011

Summary of Recent Cases – Costs

A litigant in person was entitled to her costs for her personal time spent preparing her appeal but only in relation to her effort that could be regarded as linked to the two short issues on which she had succeeded Tanya Grand v Param Gill (2011), 27/07/11 EWCA Civ 902 The Claimant, who was a […]

September 27, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE Solicitors’ Conduct Of Property Transactions Not Negligent Michael Cherney & Ors v. (1) Frank Neuman & Ors (2) Frank Neuman, ChD, 5/8/11 Henderson J held that the defendant solicitors’ firm were not liable to their clients for damages for professional negligence, breach of fiduciary duty or […]

September 23, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES Claimant Awarded General Damages Of £235,000 For Pain, Suffering and Loss of Amenity In Respect Of Brain Damage Whiten v. St George’s Healthcare NHS Trust, QBD, 5/08/11 Swift J awarded the claimant general damages for pain, suffering and loss of amenity in the sum of £235,000 in respect of personal injuries sustained as a […]

September 19, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Occupier Not Liable For Personal Injuries Sustained By Claimant Diving Into Private Swimming Pool Grimes v, (1) Hawkins (2) Frimley Park Hospital NHS Foundation Trust, QBD, 3/08/11 Thirlwall J held that the defendant householder was not liable in common law negligence or under section 2 of the Occupiers’ Liability Act […]

September 16, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Litigation Funding Code heads for October approval… Legal Support Network SRA publishes guidance on Alternative Business Structures… Solicitors Regulation Authority ‘Ambulance Chasers’ reported approaching patients in Casualty… Daily Mail

September 13, 2011 · Editorial Team · Comments Closed
Posted in: News

Sponsored blog post: UK cycling deaths and injuries rising with cyclist numbers

The recently published Reported Road Casualties Great Britain: 2010 from the Department of Transport has shown that there are around 13 million cyclists on the roads of Britain today. Consequently, 26 per cent more cyclists were either injured or killed on the road in the first quarter of this year than in the same period […]

September 12, 2011 · Editorial Team · Comments Closed
Posted in: News

Industry News

Working Party established to implement Jackson reforms… Law Society Gazette APIL denied permission to judicially review the discount rate… Hart Brown Blog Court of Appeal determines that wife entitled to share of personal injury compensation upon divorce… Claims Standards Council

September 10, 2011 · Editorial Team · Comments Closed
Posted in: News

Sponsored blog post: Brain injuries becoming rife in the UK

Roughly 15 people every hour are now admitted to UK hospitals with brain injuries and figures like this give a stark illustration of just how alarmingly common the problem has become. That adds up to in excess of over 130,000 a year and with a sizeable proportion of the injuries caused as a direct result […]

September 9, 2011 · Editorial Team · Comments Closed
Posted in: News

PI Practitioner – each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area

Local Authority’s Responsibility for Independent Contractor in Highway Claims Penny v The Wimbledon Urban District Council and anor [1899] 2 QB 72 Where a Local Authority engages a contractor to undertake work which in its nature is likely to cause danger to others, there is a duty to take all reasonable precautions against such danger, […]

September 4, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

A Claimant who had verified his statement of claim and witness statement with a statement of truth that he knew to be false was jailed for 9 months. His wife who had also verified false statements in support of his claim was given a suspended prison sentence of 6 months. (1) Edward William Nield (2) […]

September 1, 2011 · Editorial Team · Comments Closed
Posted in: Cases